Quote:
Originally Posted by Sue Doe-Nym
Basically, in Moultonborough at least, the practice has worked out quite well and I don't understand why other towns are having so much trouble.
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The small problem is that many, myself included, consider this to be an illegal taking without due process. When the lots were originally created they were legal lots of record. Future zoning changes can not un-create them.
In the past I have reviewed this with town attys in two towns and they agreed with the violation of due process. Of course not all lawyers agree on this, such as lawyers are, so this may still happen here and there.
There could be a situation where a land owner has used the size of both lots in past application for a permit, like putting a septic system on the lot line as if it was all one lot. Then the land owner may have lost full rights to claim the lots seperate.